Content
The universal judgments are those in which the totality of a person's assets can be affected, including assets and liabilities.
The process works in such a way that everything that the person possesses is exposed to sanction, and then a enforcement of the debtor's obligations, in the particular case that it does not make the transfer of what it owes by its own means.
In fact, the very idea of universal judgments affects the principle of universality, insofar as it functions by the recognition of some human rightsIn such a way that the exposure of the total assets of individuals can compromise them in this sense. There are mechanisms to guarantee access to certain rights beyond the full exposure of the goods in such a process.
The universal judgments par excellence are the contests (commercial lawsuits) and successions (civil lawsuits). The idea is to determine reliably who are those who have the right to access all the assets of a person (natural or legal) who will no longer have them, in the case of bankruptcies a creditor and in the case of successions a deceased.
See also: What are the vices of legal acts?
Examples of universal judgments
The seven particular cases of universal trials are listed below, of which the first four are civil and the last three are commercial.
- Testamentary succession trial: When the will of a person has been embodied in a legal instrument in which it designates which people they leave their property and rights to.
- Probate trial ab-intestate (no testament): When the deceased person did not grant a valid will, so those who consider they have any rights should go before a judge.
- Succession trial of probate of will: By means of a notary, the document is validated to take it as a testament.
- Succession trial allegedly vacant: Process in which apparently there are no successors, with the intervention of the police authority and the State prosecutor's office.
- Trial by preventive bankruptcy: Presumption of insolvency on the part of the debtor, so that the debts can be renegotiated avoiding bankruptcy.
- Bankruptcy lawsuit: Procedure possible to be requested by the creditor or the debtor, from the cessation of debt payments.
- Creditors contest: Procedure that takes place when a natural or legal person falls into a situation of insolvency, where they cannot face all of their debts.
It can serve you:
- Examples of Lawsuits
- Examples of Hypothetical Judgments
